Forfeiture of Payments. The Executive agrees that the receipt of severance compensation under Section 6(b) is conditioned upon the Executive’s compliance in all material respects with the covenants set forth in Section 9. The foregoing shall be in addition to any other remedies or rights the Bank may have at law or in equity as a result of the Executive’s failure to observe such provisions.
Forfeiture of Payments. In the event of a forfeiture of payments made by a buyer, the sums received will be: 343 (1) 100% will be paid to Seller; (2) divided between Brokerage Firm and Seller, one-half to Brokerage Firm but not to 344 exceed the Brokerage Firm compensation agreed upon herein, and the balance to Seller; (3) Other: . 345 If no box is checked in this Section, choice (1), 100% paid to Seller, applies. Any forfeiture of payment under this section will not 346 reduce any Brokerage Firm compensation owed, earned and payable under § 7. 347
Forfeiture of Payments. In the event that it is determined that the Employee has breached any of the provisions of the Restrictive Covenants, then the Company may require the Employee to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by him as a result of any transaction constituting a breach of any of the provisions of the Restrictive Covenants (the “Benefits”) and the Employee agrees to account for and pay over to the Company any such Benefits.
Forfeiture of Payments. In the event of a forfeiture of payments made by a buyer, 355 the sums received shall be divided between Brokerage Firm and Seller, one-half thereof to Brokerage 356 Firm but not to exceed the Brokerage Firm compensation agreed upon herein, and the balance to Seller. 357 Any forfeiture of payment under this section shall not reduce any Brokerage Firm compensation under 358 § 14. 359
Forfeiture of Payments. Executive agrees that receipt of payments pursuant to Sections 5(c), 5(d) or 5(g) is conditioned upon Executive’s compliance with (i) this Section 7 and (ii) the non-compete, non-solicitation, return of property, inventions and intellectual property, conflicts of interest, confidentiality or similar restrictive covenants and obligations under any other agreement between the Executive and the Company (the “Standalone Non-Compete Agreement”). Executive further agrees that in the event of Executive’s failure to comply with the provisions of this Section 7 or with the Standalone Non-Compete Agreement, the Company shall be entitled to discontinue further payments and benefits pursuant to Sections 5(c), 5(d) and 5(g), and Executive shall be required to pay back to the Company any payments and benefits (or value thereof) received pursuant to Sections 5(c), 5(d) and 5(g), or forfeit such payments and benefits, including, without limitation, any equity-based compensation (or proceeds thereon); provided, further, and without limiting the preceding, the Company shall have the right to offset any other amounts payable to the Executive by the Company or its affiliates for any amounts that Executive may owe the Company. The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of the Executive’s failure to comply with such provisions.
Forfeiture of Payments. Without limiting any other damages that may be available to the Company, the Executive will forfeit his right to the payments described in Section 4 if he violates the Duty of Loyalty Agreement.
Forfeiture of Payments. Executive agrees that receipt of severance pay under Section 5(f) is conditioned upon Executive’s observance of Sections 6, 7, 8 and 9. Executive further agrees that in the event of his failure to observe the provisions of Sections 6, 7, 8 or 9, (i) Executive shall forfeit the right to receive any portion of his bonus (ii) the Company shall be entitled to discontinue further severance payments under Section 5(f) and (iii) the Company shall be entitled to recover from the Executive any payments made to the Executive under Section 5(f). The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of the Executive’s failure to observe such provisions.
Forfeiture of Payments. The Employee acknowledges and agrees that the Benefits are being provided by the Company as consideration for the execution of this Release, and that he is not otherwise entitled to the Benefits. Therefore, the Employee waives his right to the consideration of the Benefits and agrees that he will return to the Company or reimburse the Company for the Benefits if he makes or files any Claim released under the provisions of this Release, or materially breaches any other terms and conditions of this Release or the Agreement, or revokes this Release pursuant to Section 10 hereof (except to the extent application of the foregoing clause would invalidate any waiver given hereunder). The Employee recognizes and agrees that any waiver of his right to the Benefits provided by the Company under the Agreement shall not limit in any way the Company's ability to enforce any of its rights under the Agreement, this Release or applicable law.
Forfeiture of Payments. Executive agrees that receipt of the severance entitlements under Section 5 is conditioned upon Executive’s observance of this Section 6. Executive further agrees that in the event of his failure to observe the provisions of this Section 6 (excluding immaterial breaches that are promptly cured by Executive), (A) the Company shall be entitled to discontinue providing the severance entitlements under Section 5, and (B) the Company shall be entitled to recover from Executive any severance entitlements provided to Executive under Section 5. The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of Executive’s failure to observe such provisions, provided that any value not paid or recouped shall offset the amount of any damages owed by Executive to the Company.
Forfeiture of Payments. If the Employee shall fail to observe any of the terms of this Agreement, including his agreement not to compete, and shall continue that breach for thirty (30) days after the Bank shall have requested him to perform, then, notwithstanding any of the provisions of this Agreement to the contrary, upon the expiration of the thirty (30) day period, no further payment shall be due or payable to the Employee under this Agreement and the bank shall have no further liability hereunder.
